All vehicle operating businesses should ‘remember, remember the 4th of December'


From Sunday [4 December], new regulations will be introduced which will impact on all businesses operating large vehicles - from coach companies and hauliers to farmers and skip hire firms.

Ahead of the changes being introduced, regional law firm Birketts LLP hosted a seminar in Ipswich yesterday [Wednesday 30 November] attended by more than 80 representatives of regional businesses that will be affected by the new regulations.

The seminar provided a simple overview of the European Commission (EC)-led changes to the Operators Licensing system. These new regulations will impact on all businesses with a national or international licence to operate either goods or passenger vehicles.

At the seminar, Laura Thomas from Birketts explained the theory behind the new regulations. Delegates were then given the opportunity to question guest speaker, Richard Turfitt, Traffic Commissioner for the Eastern Area, about how the changes will be put into practice.

Laura Thomas, Employed Barrister at Birketts, said: “These changes will ultimately be a welcome addition for vehicle operators in the UK, who are already heavily regulated compared to many of their European counterparts. These new regulations are being introduced to help level the playing field for all vehicle operators in the European Union.

“But it is vital that all operators, and transport managers in particular, are aware of the updates to the licence system, so if called upon to justify their licence to the Transport Commissioner they remain fully prepared.”

Every business which holds a Vehicle Operator’s Licence must have a designated Transport Manager in place, either directly employed by the company or provided via an external consultant. The new regulations will be particularly relevant to Transport Managers, as they will significantly impact on their responsibilities in overseeing vehicles and the drivers.   

Laura explained: “One of the key changes is that all Transport Managers can now have their ‘good repute’ taken away by the Traffic Commissioner, meaning the loss of their profession and job.

“Previously it was only the overall business reputation or that of the associated directors which was considered by the Traffic Commissioner when granting or reviewing a licence. Under the new regulations this now extends to Transport Managers. The new regulations will also include the introduction of a national database register of all Transport Managers; which will eventually extend to the whole of the EU, which will include a record of any infringements.”
 
Those who attended the seminar were also given more details on the changes to the certification required for Transport Managers to prove professional competence in the role, the financial and vehicle records required and limitations to the number of operators and vehicles that external consultants acting as Transport Managers can oversee.

Laura concluded: “The changes are not major, but they are significant. They are a stark reminder of the responsibilities of Transport Managers and that all Operators need to ensure everything is in place to retain a licence to operate the vehicles which, in most cases, are an essential part of their business.”

For more information about the changes to the Operators’ Licensing system please contact Laura Thomas on 01473 299173.

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